QLDIn ForceAct
Planning Act 2016
sec.23Making or amending TLPIs
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### sec.23 Making or amending TLPIs
A local government may make a TLPI if the local government and Minister decide—
there is significant risk of serious adverse cultural, economic, environmental or social conditions happening in the local government area; and
the delay involved in using the process in sections 18 to 22 to make or amend another local planning instrument would increase the risk; and
the making of the TLPI would not adversely affect State interests.
A local government may amend a TLPI if the Minister decides the amendment of the TLPI would not adversely affect State interests.
A TLPI may suspend or otherwise affect the operation of another local planning instrument, but does not amend or repeal the instrument.
The local government may make or amend a TLPI by following the process in the Minister’s rules.
The Minister’s rules must provide for—
the Minister to approve a TLPI or amendment before the TLPI or amendment is made; and
the local government to publish a public notice about the making of a TLPI or amendment.
The TLPI, with or without an amendment, has effect for 2 years after the effective day, or a shorter period stated in the TLPI, unless repealed sooner.
A TLPI—
does not create a superseded planning scheme; and
is not an adverse planning change.
s 23 amd 2019 No. 11 s 231 s ch 1 pt 1
(sec.23-ssec.1) A local government may make a TLPI if the local government and Minister decide— there is significant risk of serious adverse cultural, economic, environmental or social conditions happening in the local government area; and the delay involved in using the process in sections 18 to 22 to make or amend another local planning instrument would increase the risk; and the making of the TLPI would not adversely affect State interests.
(sec.23-ssec.2) A local government may amend a TLPI if the Minister decides the amendment of the TLPI would not adversely affect State interests.
(sec.23-ssec.3) A TLPI may suspend or otherwise affect the operation of another local planning instrument, but does not amend or repeal the instrument.
(sec.23-ssec.4) The local government may make or amend a TLPI by following the process in the Minister’s rules.
(sec.23-ssec.5) The Minister’s rules must provide for— the Minister to approve a TLPI or amendment before the TLPI or amendment is made; and the local government to publish a public notice about the making of a TLPI or amendment.
(sec.23-ssec.6) The TLPI, with or without an amendment, has effect for 2 years after the effective day, or a shorter period stated in the TLPI, unless repealed sooner.
(sec.23-ssec.7) A TLPI— does not create a superseded planning scheme; and is not an adverse planning change.
- (a) there is significant risk of serious adverse cultural, economic, environmental or social conditions happening in the local government area; and
- (b) the delay involved in using the process in sections 18 to 22 to make or amend another local planning instrument would increase the risk; and
- (c) the making of the TLPI would not adversely affect State interests.
- (a) the Minister to approve a TLPI or amendment before the TLPI or amendment is made; and
- (b) the local government to publish a public notice about the making of a TLPI or amendment.
- (a) does not create a superseded planning scheme; and
- (b) is not an adverse planning change.